What is the Texas 10-Year Rule Regarding Spousal Maintenance?

 Posted on December 11, 2024 in Divorce

One spouse paying the other a lump sum or monthly payment is known as alimony, spousal support, or spousal maintenance. While these terms are widely used interchangeably, in Texas, spousal support is technically considered a voluntary payment from one spouse to the other, while spousal maintenance is court-ordered. Spousal maintenance is often an emotionally charged aspect of a Texas divorce.   

Far fewer spouses across the nation receive spousal maintenance today than in the past, but there remain situations where it is entirely appropriate. Texas is known as one of the more difficult states to receive maintenance but does have a "10-year rule." This rule only allows a spouse to seek spousal maintenance if the marriage lasted 10 years or longer but does not automatically guarantee that a spouse in a marriage of this duration will receive maintenance.

Spousal maintenance is decided on a case-by-case basis, with essentially four ways maintenance can be awarded. If you are concerned about whether you will receive maintenance or whether you will be required to pay maintenance, speaking to a knowledgeable Fort Worth, TX divorce attorney from The Law Office of J. Kevin Clark P.C. can benefit your situation.

What Are the Four Ways a Texas Spouse Can Receive Spousal Maintenance?

Under Texas Family Code 8.051, the path to spousal maintenance comes down to one of the following:

• Within two years prior to filing the divorce, the paying spouse has been convicted of or received deferred adjudication for a family violence offense against the receiving spouse or the receiving spouse’s child.   
• The parties agree that spousal maintenance will be paid for a specific period of time.
• A sponsored immigrant spouse could enforce the Affidavit of Support executed by the other spouse, providing the immigrant spouse with 125 percent of the Federal Poverty Guidelines until that spouse has earned 40 work history credits or becomes a citizen.
• The marriage lasted for at least 10 years, and the spouse seeking maintenance lacks sufficient property or income to provide for reasonable needs, is disabled, is the primary caretaker of a disabled child, or lacks the earning capacity to provide for minimum reasonable needs.

What Factors Are Considered in the Decision of Whether a Spouse Lacks Earning Ability?

One factor a judge will consider is the financial resources each spouse will have once the division of marital assets is completed, as well as the education level and employability of both spouses. If the receiving spouse could potentially obtain education and/or training in order to have sufficient financial resources, then the judge will consider how long that will take.  

The age and health of both spouses will be a factor, as will the duration of the marriage. The spouse seeking maintenance must show that he or she has diligently searched for employment, educational opportunities, or training opportunities. The judge in the case will base the final decision on all these factors as well as anything else he or she deems important.

How Long is Spousal Maintenance Paid and How Much is Awarded?

If any of the four factors listed above are present, spousal maintenance may not last more than five years if the marriage met the 10-year rule but lasted less than 20 years. Maintenance may only be paid for seven years if the marriage lasted at least 20 years but less than 30. If the marriage lasted more than 30 years, maintenance may not be paid for more than 10 years.

There is no specific formula in Texas to determine the amount of maintenance, although the court cannot require the paying spouse to pay more than the lesser of 20 percent of his or her gross monthly income or $5,000. Spousal maintenance ends when the time period ends or upon either the spouse's death or the receiving spouse's remarriage.  

Contact a Fort Worth, TX Spousal Maintenance Lawyer

If you believe you are entitled to spousal maintenance, or you are being asked to pay maintenance, you may have many questions that can be answered by a Fort Worth, TX spousal maintenance attorney from The Law Office of J. Kevin Clark P.C.. Our attorney has first-hand experience regarding the stress associated with divorce and has a special focus on divorce from a narcissistic spouse. Call 817-348-6723 today to schedule your free consultation.